Disabled Students Allowances New DSA students

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1 Disabled Students Allowances New DSA students Higher Education Student Finance in England 2015/16 Academic Year Dear Colleague, April 2015 Attached is the guidance for Disabled Students Allowances (DSAs) for new DSA students for the 2015/16 Academic Year. This chapter contains guidance on DSA legislation and the administration of new DSA applications. Guidance on the DSA legislation and administration of DSA applications for Continuing DSA students is published separately and can be found at Version 1.1 was updated at section 9.1 to replace reference to SFE complaints procedure with reference to SFE appeals procedure. Version 1.2 was updated at section 6.6 to clarify the position on Radio aids and DSA funding. Contents Section 1 Supporting disabled students in higher education Introduction The purpose and scope of DSAs The purpose of this guidance Who the changes apply to Local Authority Education, Health and Care Plans (EHCPs) Access agreements and institutions discretionary funding The role of the student The role of institution disability services The role of the DSAs study needs assessor The role of Student Finance England (SFE) The role of the Disabled Students Allowances Quality Assurance Group (DSA-QAG) Conflicts of Interest Transitional arrangements

2 Section 2 The Equality Act 2010 and the role of institutions that provide higher education courses The Equality Act Monitoring Anticipating reasonable adjustments Responding to individual requirements Examples of reasonable adjustments and good practice The Equality Act and work placements Section 3 Disabled Students Allowances - technical guidance on eligibility and entitlement General eligibility for DSAs DSAs for full-time undergraduate students (regulations 40, 40A and 41) DSAs for part-time undergraduate students (regulation 147) DSAs for postgraduate students (regulations ) Section 4 The DSAs application process Section 5 The DSAs Non-medical help allowance The Student Loans Company Non-medical help services reference manual BAND ONE Support Assistants BAND TWO Enhanced Support Assistants BAND THREE - Specialist Enabling Support BAND FOUR - Specialist Access and Learning Facilitators Section 6 The major items of specialist equipment allowance Computers Other equipment Assistive and Standard Software Course Specific Software Wheelchairs / mobility scooters Radio aids for deaf students Section 7 The DSAs Travel Allowance Attending the institution Attending a work-placement Attending a field trip Taxi firm accounts Section 8 The DSAs general allowance DSAs study needs assessments Living Accommodation Consumables Books Internet connection/costs Special diets (for those living with allergies) Fridges (for students needing to store medication) Section 9 Other Appeals Reimbursements Procurement of NMH VAT and Disabled Students Allowances Devolved administrations ANNEX A - Specific Learning Difficulties (SpLD)

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4 Section 1 Supporting disabled students in higher education 1.1 Introduction Supporting students to access and succeed in higher education remains a priority for government. For disabled students the government has put in place a comprehensive framework of support, backed by legislation. For the purpose of this document the term institution covers any institution which provides higher education (HE) courses which are designated for HE student support purposes, including further education colleges providing HE and alternative providers, unless otherwise indicated. Institutions have the primary legal duty to support disabled students in their studies in higher education, set out in the Equality Act The government provides additional funding for individuals through the Disabled Students Allowances (DSAs). Provisions in the Care Act mean that 18 year olds who have eligible needs for care and support will in future receive a statutory Care and Support Plan delivered by a Local Authority. Our aim is to ensure that students receive the support they need, through their local authority, their institution and through government, to remove disability related barriers to learning. All students should be able to access the support they need to ensure that they are able to demonstrate their full academic potential at higher education level, through appropriate academic achievement. This is our aim for all students, including disabled students. Disabled students should arrive at university confident that any barriers to their learning have been identified, understood and appropriate steps taken to reduce their impact. The learning environment should be as inclusive as possible, so that individual interventions are the exception, not the rule. Institutions should engage in a continual improvement cycle that develops inclusive practice, with the aim of reducing the number of individual interventions required. Funding through DSAs should be the top of an apex of support, underpinned by an inclusive environment, and individual reasonable adjustments where required. This guidance relates to students applying for the English Disabled Students Allowances. The document provides guidance on full-time DSAs, DSAs for full-time distance learning students, part-time DSAs and DSAs for postgraduate students (Part 12) as provided in Education (Student Support) Regulations 2011 as amended by the Education (Student Fees, Awards and Support) (Amendment) Regulations 2012, The Education (Student Support and European University Institute) (Amendment) Regulations 2013, The Universal Credit (Consequential Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 and The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Savings Provisions) Order 2013 (referred to as the Education (Student Support) Regulations 2011 as amended ). References throughout to the 2011 Regulations are to the 2011 regulations as amended by any subsequent legislation. Guidance on other grants for living and other costs payable under Part 5 of the Regulations is provided separately in the guidance chapters Assessing Financial 4

5 Entitlement and Grants for Dependants. Both these guides are updated annually for each academic year. 1.2 The purpose and scope of DSAs Disabled Students Allowances (DSAs) have been providing individual statutory support for disabled students for over 25 years. In that time the number of disabled students entering and succeeding in higher education has increased 1. Over the same period the response of the HE sector has evolved, with institutions now anticipating significant numbers of disabled students and working to improve access and inclusivity for those students. DSAs continue to have an important role. Some students do have needs that are not easily anticipated and support would require individual analysis to accommodate. DSAs will continue to contribute to the additional costs resulting from disability over and above those provided as reasonable adjustments. It remains the case that DSAs will only be considered where it has been established that the student is obliged by reason of their disability to incur additional expenditure to be able to attend or undertake their course i.e. the support is essential. Such expenditure must be reasonably incurred and appropriate to the individual needs of the student. DSAs are not intended to assist with disability-related expenditure that the student would continue to incur if they were not following their course. Local authority social services may well continue to provide assistance towards personal care costs that will be incurred irrespective of whether or not the student is attending their course. This document sets out the framework for higher education students domiciled in England and applying for DSAs for the first time for an academic year starting on or after 1 September Disabled students should expect to be able to study effectively and leave higher education as more autonomous, independent learners, ready to follow their chosen career. The provision of support, both institution and DSAs, should focus on achieving those outcomes. 1 In absolute terms the number of students declaring themselves as disabled has increased more than fourfold since 1994/95. In 2012/13 10% of first year UK domiciled HE students declared themselves as disabled, compared with 3% in 1994/95. 5

6 1.3 The purpose of this guidance This guidance is for use by DSAs study needs assessors and Student Finance England DSAs assessors when considering the support that may be funded through DSAs. Higher education institutions staff may also find the information helpful when considering how best to support their disabled students and signposting students to available DSAs support. Higher education institutions are under a duty to support disabled students as set out in the Equality Act An institution should anticipate and respond to the needs of its disabled students where it is reasonable to do so. This guidance does not set out what an institution should do to meet that legal duty. The decision on how to satisfy that duty is for the institution to determine and advice is available from other sources, for example the Equality Challenge Unit This guidance sets out the type of support that may be funded for students through DSAs. Information on complementary sources of funding is set out at sections For 2015/16 the maximum amounts through DSAs are: Type of student Full-time Part-time Postgraduate Specialist equipment allowance Up to 5,212 for the whole course Up to 5,212 for the whole course Non-medical helper allowance Up to 20,725 a year Up to 15,543 a year A single allowance of up to 10,362 a year General allowance Up to 1,741 a year Up to 1,305 a year The travel allowance is uncapped. The DSAs study needs assessor will continue to consider what DSAs-funded support is essential for the individual student. This reflects the regulatory requirement that funding through DSAs will only be provided for costs a student is obliged to incur. The DSAs study needs assessor will have regard to this guidance and regulations when determining what DSAs-funded support to recommend for the student. The Secretary of State requires the Student Loans Company to deliver DSAs according to the regulations and the guidance set out here, where applicable. Institutions should consider how they can best support this process, for example by publishing the support available to their general student body, and disabled students in particular, on their websites. 6

7 The DSAs assessor should also be aware of the requirement for local authorities to provide the DSAs assessor with current assessment information for young people with special educational needs who have been supported through an Education, Health and Care plan while at school and/or college, where requested by the student Who the changes apply to Any changes set out in this document apply to all disabled students applying for DSAs for the first time for academic year 2015/16. Continuing students in receipt of DSAs will continue on their current package of support for 2015/16. This includes undergraduate and postgraduate students studying part-time, full-time or by distance learning. See 1.13 for full details of transitional arrangements. Assessors should refer to the separate 2015/16 guidance for continuing students where appropriate. 1.5 Local Authority Education, Health and Care Plans (EHCPs) Some disabled students will enter HE having had an Education, Health and Care (EHC) plan while at school or college. The new 0-25 Special Educational Needs Code of Practice makes clear that local authorities should plan the transition into higher education before ceasing to maintain the young person s EHC plan, including how health and social care support will be maintained, where it continues to be required. The Code of Practice makes clear that, where health and social care support is still required, local authorities should plan how it will be maintained and which authority will provide it, before ceasing the EHC plan. Even though an EHC plan will cease when a young person takes up a place in higher education, the health and social care support they remain entitled to will continue. Provisions in the Care Act mean that 18 year olds who have eligible needs for care and support will in future receive a statutory Care and Support Plan. This would form the Care part of their EHC Plan where one is in place but would continue in its own right as a statutory Plan once a young person entered Higher Education and their EHC Plan was no longer maintained. In addition, the regulations which accompany the Act require Local Authorities to: make young people aware of support available to them in higher education through their local offer, including the Disabled Students Allowances (DSAs) and how to make an early claim so that support is in place when they start their course; share a copy of an EHC plan with the Higher Education Institution that a young person will be attending and also with the person assessing SEN Code of Practice, Chapter 8, page 134, paras : 7

8 them for the Disabled Students Allowance with a young person s consent (for example the DSAs study needs assessor). The intention here is to ensure that the valuable up-to-date information contained within an EHC assessment is shared, both with the person assessing them for the DSAs, and with the institution that they are planning to attend, so that other provision may be made as appropriate, in line with the institution s own policies. set out in an easily accessible and public local offer the support available to young people in higher education, particularly DSAs and the process and timescales for making an application for DSAs. 1.6 Access agreements and institutions discretionary funding The Secretary of State and the Minister for Universities issued guidance to the Director of Fair Access in February The guidance described what should be set out in new access agreements. It asked the Director to focus more on the outcomes of outreach and other access activities and to review access agreements every year. The guidance made clear that under-represented groups across higher education include disabled students. It specifically said that we would like institutions to consider these and other under-represented groups within their overall approach to access, and that we would like the Director to take account of their efforts in considering access agreements. The guidance established a new framework for widening participation, placing increased responsibility on universities. Those institutions with access agreements agreed with the Office for Fair Access estimate they will spend 713m on measures to support access and student success for disadvantaged students and including disabled students through their access agreements in 2014/15, up from 444m in 2011/ The Office for Fair Access guidance to institutions The Office for Fair Access publishes guidance to institutions annually concerning how they should produce their access agreements. For access agreements (published April 2012), The Office for Fair Access asked institutions to say how they had executed their responsibilities under the Equality Act The guidance for and access agreements required institutions to demonstrate that due regard to the promotion of equality and diversity is embedded in their work throughout the document. It asked institutions to consider how their access agreement and the institution s equality and diversity strategy could be better aligned to complement and strengthen each other. In constructing their own targets and benchmarks for success, institutions are asked to assess their performance using HESA data and relevant equality data, such as concerning disability. 8

9 In their Access Agreements: Around 60% of institutions included a target relating to disabled students. Of these, a small number of institutions have set collaborative disability targets. For example, members of the Hampshire Universities Widening Participation Group set a target to establish a collaborative disability network, and universities in the south-west have set targets relating to the work of the South West Disability Group and the Cornwall Disability Research Network. Of all the institutions which submitted National Scholarship Programme information for to HEFCE (226), 55 (24%) used disability as part of their criteria. An institution can choose how to allocate discretionary funds in whatever way they wish. However, many choose actively to support those who fall into certain groups, including disabled students and students from low income families. For example, in their 2014/15 access agreements: Falmouth University provides a 1,000 award in the first year, to any student with a registered disability other than dyslexia, to encourage disclosure and ensure appropriate support is put in place. The University of Gloucestershire have a Disabled Students Sports Excellence Fund to encourage diversity in the sporting community, which is a significant part of the University s academic and cultural contribution to Gloucestershire. This fund will provide up to five bursaries of 1,000 cash and 1,500 fee waivers, in addition to other benefits, in each year of their course, to support students who have the potential to represent at national, regional or University level. Sussex Downs College provides disabled student awards of between 300 and 600 twice throughout the course according to income. Goldsmith s University offers up to four bursaries of 4,500 to disabled students. These awards are assessed on academic merit and on student need, to ensure that they are well-focussed. 1.7 The role of HEFCE The Higher Education Funding Council for England (HEFCE) allocates a Disability Premium to publicly-funded institutions in England ( 15m in 2014/15), through the student opportunity fund. Allocations are made to publicly-funded institutions on a pro-rata basis, based in part on the proportion of students recruited who are in receipt of DSAs. The aim of the funding is to support the recruitment and retention of disabled students. The funding is not ring-fenced but the investment in disabled students and activities supported are recorded through institution s Widening Participation Strategic Assessment submission to HEFCE. 9

10 Although institutions are accountable for showing that their funds have been spent appropriately, institutions are autonomous in the way they distribute funds internally. HEFCE does not produce detailed guidance on how institutions should use their disability-related funding allocation but draws institutions attention to its guidance on base-level provision and the Equality Act The Student Opportunity Fund Alongside the funding institutions receive from students through the fees they charge, the Government also provides financial support for institutions through the Teaching Grant. The student opportunity fund is part of the overall Teaching Grant allocated to Higher Education Institutions by HEFCE and it is their responsibility to take decisions on how their budgets are allocated. For 2014/15 HEFCE allocated a total of 366 million through their student opportunity fund for widening access, student retention and success, and to support disabled students. The element for disabled students is designed to support greater access to higher education for disabled students and improve their overall learning and teaching experience. The HEFCE disability allocation supports a wide range of activities in the majority of institutions. Over three-fifths of survey respondents (N = 104) reported that they provide additional support for examinations and assessments (64); staff development (63); a dedicated disability support unit (60); additional admissions support (59); non-medical helpers (57); specialist IT equipment (57); induction materials (54); additional pastoral support (54); and provision of modified or additional learning tools (53). The majority of these services are designed specifically for disabled students. However, like some wider retention work, there are a minority of activities that are not only targeted at students known to have a disability. The interviews revealed that diagnostic services are available to all students in at least some institutions, in addition to a range of other services such as note takers or specialist IT equipment. For example, an interviewee from an institution reported that voice recognition software had recently been installed on all university computers for the benefit of all students 3. Whilst no ring-fenced funding is provided to institutions to support disabled students, an institution should consider carefully how it will support its disabled students, including those on low incomes who may require individual access to personal computer equipment. 1.8 The role of the student Any student wishing to apply for DSAs should continue to do so. The eligibility criteria are set out in section 3 and the application process is set out at section 4. Students are advised to apply for DSAs as soon as possible, to ensure that all parties involved in identifying and providing support are aware 3 The uses and impact of HEFCE funding for widening participation CFE Consulting and Edge Hill University, March

11 of the student s needs. The student is encouraged to contact the disability services at their chosen HE institutions at the same time as completing their DSAs application form, to ensure reasonable adjustments can be considered. 1.9 The role of institution disability services Those working in disability services within institutions will have a well contextualised understanding of their disabled student body and have the key role in ensuring support is delivered effectively. Students may contact disability advisers before making an application for DSAs. The starting point for the disability adviser is the effective provision of reasonable adjustments, both for students who may claim DSAs and for those who don t (for example overseas students). The student should be advised to claim DSAs if an identified need cannot be met through a reasonable adjustment and funding through DSAs is available. However, many students will choose to apply for DSAs without speaking to a disability adviser, particularly those who are applying early and have not had their institution confirmed. If asked to assist a student with their DSAs study needs assessment it is essential that the disability adviser does not advise the student to purchase equipment or services on the assumption that funding through DSAs will be made available. Eligibility for DSAs can only be determined by Student Finance England (SFE) and entitlement to funding through DSAs will be based on the recommendations of a DSAs study needs assessor. However, disability advisers have an understanding of the institutional environment and will have access to academic teaching staff and to detailed course information. Similarly, disability advisers will also be an important point of liaison during the study needs assessment process, when the details of DSAs support packages are being established. Disability advisers will also have an up-to-date knowledge of the level and type of support offered by their institution as reasonable adjustments under the Equality Act, or more generally as part of the institution s support for disabled students or students in general. Institutions should also be working towards making this information more readily accessible to relevant stakeholders, including students and Assessment Centres. Needs assessors must take account of what help is available from the institution (for example, transcribing services) when assessing what type and level of support is additional to that already available in order to make appropriate recommendations The role of the DSAs study needs assessor The role of the DSAs study needs assessor is to consider the nature of the student s disability and its impact, analyse their previous educational experience and establish a package of solutions to enable access to their current chosen course. Through discussions with the student, and using the information in the specialist diagnostic assessment report, EHC plan, or other information provided by their GP, consultant etc., the assessor should identify 11

12 what support is essential to enable the student to demonstrate their academic potential. Assessors are required to have regard to the relevant DSAs clauses in the Student Support Regulations, this guidance and value for money principles when considering the support funded through DSAs that they wish to recommend for the student. DSAs support should not be recommended where support is available from another source e.g. the institution, NHS, local authority etc. DSAs study needs assessors should set out clearly in the report what recommendations they are making for DSAs-funded support. Any recommendations for DSAs support will continue to require clear and robust justification. Decisions on the support to award will be taken by Student Finance England, taking into account the recommendations of the DSAs study needs assessor. If the DSAs study needs assessor identifies a need for support that falls outside DSAs funding, they will wish to advise the institution of their findings for consideration under reasonable adjustments. The DSAs study needs assessor should not state how that support should be delivered or the level required that is for the institution to determine taking into account the individual needs of the student. The advisory note in the report should simply state: The DSAs study needs assessment has identified some areas where the student may require support, but the support falls outside the scope of DSAs. It is therefore suggested that the university and its academic, administrative and support departments note the following areas where the student may require additional support and consider what reasonable adjustments can be put in place to meet the identified need. Study needs assessors are required to follow certain processes when undertaking a DSAs study needs assessment and compliance with those processes will be audited annually. A standard Needs Assessment Report is used to ensure consistency of approach. The Report will be sent to Student Finance England, and simultaneously to the institution s disability service if the student gives their permission to do so. The DSAs study needs assessor makes recommendations; they do not make final decisions on eligibility or entitlement to DSAs. Decisions on eligibility and entitlement are a Secretary of State function which has been delegated to the Student Loans Company (including Student Finance England). Eligibility criteria are set out in the regulations. Student Finance England will have regard to the recommendation of the DSAs study needs assessor when considering entitlement to DSAs support The role of Student Finance England (SFE) SFE is a Student Loans Company service, providing financial support to students on behalf of the UK Government to students from England entering higher education in the UK. SFE are required to deliver DSAs within the framework set by the Student Support Regulations and guidance. SFE may 12

13 contact BIS with questions that arise from the applications they are processing and the guidance may be updated to clarify the policy if needed. SFE are required to make decisions on DSAs awards, taking into account the recommendations of the DSAs study needs assessor. SFE will challenge DSAs study needs assessment reports where DSAs support is recommended that falls outside this guidance or where support from other sources is known to be offered. Similarly the report will be challenged if the individual DSAs recommendations are not sufficiently justified according to the guidance and the impact identified during the DSAs study needs assessment. Challenges will be brought to the attention of the Assessment Centre manager for monitoring purposes The role of the Disabled Students Allowances Quality Assurance Group (DSA-QAG) DSA-QAG is a non-profit making company with charitable status. Its Board consists of Chairman, two NUS trustees and two independent trustees. Institutions, assessment centres and equipment suppliers are associate members of DSA-QAG, with observers from BIS and the SLC. A central administrative unit supports this work. DSA-QAG has responsibility for a quality assurance framework against which levels of service for both DSAs assessment centres and equipment suppliers are audited. From 2015/16, only DSA-QAG accredited assessment centres can provide DSAs-funded study needs assessments (England and Wales). Assistive technology, including assistive software is expected to be provided and installed by registered assistive technology service providers. Student may opt to source their computer from the open market. Assistive technology training is currently provided by a mix of providers, some of whom fall within this arrangement and some who do not. More information on DSA-QAG and a list of registered and accredited assessment centres and suppliers is available at the following website: Non-medical help services are not included in the DSA-QAG registration scheme for 2015/16. DSA-QAG registered or accredited organisations are required to comply with the standards set out in the DSA-QAG Quality Assurance Frameworks in order to retain accreditation to deliver DSAs related services This does not affect their membership of DSA-QAG. From 2015/16 Assessment Centre and assistive technology service providers are required to be registered with DSA-QAG in order to deliver DSAs services, unless they are based in Scotland or Northern Ireland. Alongside this, from 2015/16 a new oversight group led by BIS will have the role of considering the accreditation of the DSA-QAG membership organisations, disseminate good practice and consider actions for 13

14 organisations who do not meet expected standards. Peer review will form part of this process Conflicts of Interest Public funds should be used fairly, transparently, and for the purpose intended. Anyone making decisions about the administration, distribution or use of DSAs must at all times be conscious of any relationships or links they have, or any actions they take or do not take, that could raise doubts about their impartiality or probity. This includes any relationships or links including personal, financial, business, or familial that could be seen to have an influence on their decision making. Managing conflicts of interest appropriately is essential for protecting the integrity of the DSAs process. Guidance on conflicts of interest will be issued shortly Transitional arrangements The changes set out in this guidance apply to: - (i) Students who are starting a higher education course for the first time in 2015/16 and are applying for DSAs for the first time; - (ii) Students who are starting a higher education course in 2015/16 and are applying for DSAs, having studied on a previous course where they were not awarded DSAs; - (iii) Students who are starting a higher education course in 2015/16 and are applying for DSAs, having ceased to undertake a previous HE course where they were awarded DSAs more than 5 months before the start of the current course (i.e. the gap between the two courses is more than an intervening vacation); or - (iv) Students who are continuing a higher education course in 2015/16 and who are applying for DSAs for the first time. Transitional arrangements are in place for the following students, who will continue to be assessed under the Student Support Regulations 2011 and the continuing students DSAs guidance published separately. - (i) Students who are continuing on a higher education course in 2015/16, having been awarded DSAs for a previous academic year/years of their course; - (ii) Students who are transferring to a higher education course starting in 2015/16 from a previous course which started before 2015/16, where the student was awarded DSAs for the course they transferred from; - (iii) Students who are starting a higher education course in 2015/16 immediately after (excluding an intervening vacation maximum 5 months) completing a previous higher education course, where the student was awarded DSAs for the previous course; or - (iv) Students who started a higher education course before 2015/16, who suspended their studies with the agreement of their HEI and notified Student Finance England and are returning to their course in 2015/16, where the student was awarded DSAs for a year/years of the course 14

15 before 2015/16. The period of suspension is normally up to 1 academic year in length but could be up to two years in exceptional circumstances. 15

16 Section 2 The Equality Act 2010 and the role of institutions that provide higher education courses 2.1 The Equality Act As independent and autonomous bodies institutions are entirely responsible for addressing any issues of discrimination that might come to their attention. The Government provides a legal framework for individuals, which protects their right not to be discriminated against primarily through the Equality Act Institutions are prohibited by law, through the Equality Act 2010, from discrimination against students with protected characteristics which includes disability. Under the Equality Act 2010 institutions have a duty to make reasonable adjustments for disabled people to ensure they are not placed at a substantial disadvantage compared to non-disabled students. The duty to make reasonable adjustments comprises three requirements: Where a provision, criterion or practice puts disabled students at a substantial disadvantage compared with those who are not disabled, to take reasonable steps to avoid that disadvantage. Where a physical feature puts disabled students at a substantial disadvantage compared with people who are not disabled, to take reasonable steps to avoid that disadvantage or adopt a reasonable alternative method of providing the service or exercising the function. Where not providing an auxiliary aid or service puts disabled students at a substantial disadvantage compared with students who are not disabled, to take reasonable steps to provide that auxiliary aid/service. The duty to make adjustments arises where a provision, criterion or practice, a physical feature or the absence of an auxiliary aid or service puts disabled students at a substantial disadvantage compared with students who are not disabled. The Act leaves open what particular auxiliary aids or services might be provided in specific circumstances. The duty remains with the education provider to determine what steps it would be reasonable for them to take. 2.2 Monitoring Under the Equality Act 2010 (Specific Duties) Regulations 2011, institutions are required to publish information as to their compliance with the general public sector equality duty. This requires institutions to publish information to demonstrate they have had due regard to the equality objectives 16

17 In order to give proper consideration to the aims set out in the public sector equality duty, a relevant body will need to have sufficient evidence of the impact its policies and practices are having, or are likely to have, on people with different protected characteristics. The courts have made clear the need to collate relevant information in order to have evidence-based decision making and a body subject to the duty will need to be able to show that it had adequate evidence to enable it to have due regard. Adequate and accurate equality evidence, properly understood and analysed, is at the root of effective compliance with the public sector equality duty. Without it, a body subject to the duty would be unlikely to be able to have due regard to its aims. In addition, all providers of higher education courses which attract public funding, including alternative providers with courses designated for student support purposes, are expected to comply with the UK Quality Code for Higher Education, published by the Quality Assurance Agency for Higher Education (QAA). The Quality Code sets out Expectations which higher education providers are required to meet to ensure that appropriate and effective teaching, support, assessment and learning resources are provided for all students, including disabled students; that the learning opportunities provided are monitored; and that the provider considers how to improve them. Providers which attract public funding are required to be reviewed periodically by the QAA to ensure they are meeting those Expectations. Under the quality code institutions are expected to monitor and evaluate arrangements and resources which enable students to develop their academic, personal and professional potential. They need to apply processes consistently for assessing the impact of current and proposed policies and procedures on all students, taking into account the diversity of protected characteristics, in line with principles of equity, and to identify organisational barriers to student development and achievement. 2.3 Anticipating reasonable adjustments The duty to make reasonable adjustments for disabled students is anticipatory, which means institutions must plan ahead and take a strategic approach to addressing the barriers that potentially impede individuals with different kinds of disability. This will involve institutions putting in place systems that are inclusive or can be utilised as appropriate by disabled students, staff and/or visitors. Some disabilities are more common in the student body than others. Our evidence shows that the prevalence of Specific Learning Difficulties (SpLDs) in the UK domiciled student population has been fairly constant over the last decade and is estimated to be higher than in the general population. Students with SpLDs constitute just under half of the higher education population that declare a disability, the largest disability group that institution 17

18 provision needs to accommodate. Within this group the most common learning difficulty is dyslexia. This suggests that all institutions will have a number of students with dyslexia who may require adjustments, which could include making changes to course materials and course delivery. We would expect institutions to particularly consider what anticipatory adjustments should be made to accommodate this significant proportion of disabled students. However, we recognise that for some students these adjustments will not be sufficient, and for these DSAs support will need to be accessed. 2.4 Responding to individual requirements It will not always be possible for institutions to anticipate the needs of every prospective disabled student. Disability is an individual experience, with both the nature and the impact of the disability varying from individual to individual. Once an education provider becomes aware of the requirements of an individual disabled student it should consider what reasonable adjustments it can make to meet those requirements. In the past, the provision of DSAs may have removed the need for reasonable adjustments in some cases. However, DSAs funding is not a replacement for reasonable adjustments. Institutions should not take the continued provision of DSAs as setting the limit to their reasonable adjustments. We expect institutions to strive to provide the best possible support for all their students, including their body of disabled students, to continue to remove or reduce the need for individual support through DSAs. 2.5 Examples of reasonable adjustments and good practice Over time we hope to provide case studies of good practice in institutions, which those involved in strategic planning within institutions may wish to have regard to. Each institution will have its own response to how to best support its body of disabled students and case studies will be offered as examples, not a statement of what each institution should be doing in a particular area. There are many sources of information on managing reasonable adjustments, for example: Managing Reasonable Adjustments in Higher Education (Equality Challenge Unit 2010), Code of Practice on Students with Disabilities and Learning Difficulties (Quality Assurance Agency for Higher Education (2010)) etc. 2.6 The Equality Act and work placements Work placements are included in the Equality Act 2010 which means that college and university staff must also take into account a person s disability when arranging work placements and liaise with the work placement providers to implement the support. This includes people who are on a work placement as part of a vocational training programme. A vocational training programme is likely to include most students who are undertaking a work placement as an 18

19 integral part of a further or higher education course. The providers of work placements are now required to ensure that they do not have discriminatory practices and also to make reasonable adjustments for disabled people on a work placement. The length of the work placement may be a factor when determining whether an adjustment is reasonable. 19

20 Section 3 Disabled Students Allowances - technical guidance on eligibility and entitlement 3.1 General eligibility for DSAs The personal eligibility criteria for receiving full-time and part-time student support, including DSAs, are set out in regulations and are covered in the SLC s Assessing Eligibility Guidance chapter. Additionally, a student must meet the definition of disability in order to be eligible to receive DSAs (see below) but see transitional arrangements at DSAs are not subject to: an age limit; previous study rules; or income assessment. A student can only receive support for a designated course. Where the eligible course does not appear on the institution database, it will not be possible to fully process the application. Information on what action should be taken in this situation is covered in the General Eligibility and Financial Assessment Administration guidance. Students are potentially eligible for DSAs whilst attending an overseas institution as part of their UK course, whether obligatory or optional. Students who are personally eligible for student support under paragraph 9 of Schedule 1 of the student support regulations (i.e. nationals of member states of the European Union), but not under any other paragraph of that Schedule, are not eligible for DSAs. DSAs are not available for: Disability related expenditure that the student would incur even if they were not attending a course of higher education; Costs that any student might have regardless of disability; Auxiliary aids and services which are provided by the student s local authority under a Care Plan; Auxiliary aids and services which are provided through other public funding e.g. mobility allowances, NHS support; Treatment for a disability; Diagnostic assessments for any type of disability or health condition; Temporary illness or injury support from the institution or the NHS is appropriate here; or 20

21 General learning difficulties institution academic support is appropriate here. Costs incurred during vacation periods Study skills support, assistive technology support or assistive technology installation and training provided during the long vacation may be considered through DSAs, if SFE are satisfied that the support is reasonable and appropriate with regard to the circumstances of the student. Any such support undertaken outside term-time does not count as attendance and therefore would not trigger Loan Courses Loan or extra weeks maintenance loan. Social Services Social Services may continue to provide assistance towards personal care costs that would be incurred in the UK, regardless of whether or not a student is attending a course. Support needs can be reassessed by Social Services when there is a change in a person s personal circumstances, such as leaving home to attend a course or a change in health. In the event of a student moving away from their home area to attend a course, funding responsibilities for personal care would continue to rest with the Social Services Department in the student s home area. Social Services receive money from Central Government to fund personal care support for disabled people and are responsible for deciding how their budget allocation is spent Definition of disability For DSAs, the Equality Act 2010 definition of disability is used to determine eligibility. Students falling within the Equality Act 2010 definition of disability are eligible to apply for support through DSAs. The Act defines a disabled person as a person with a disability. A person has a disability for the purposes of the Act if he or she has a physical or mental impairment and the impairment has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities (S6(1)). Sometimes a student s disability does not substantially affect their normal day to day activities but does have a substantial effect on their ability to study. In the context of DSAs day-to-day activities includes education. See guidance at: le/85010/disability-definition.pdf which is issued pursuant to section 6(5) of the Equality Act Evidence of a disability For most applicants, there should be little difficulty establishing their eligibility for DSAs. Their disability will have been identified and documented at an earlier stage, in many cases while they were at school. However, it is not essential for an applicant s disability to have been identified at school in order to be eligible for DSAs. 21

22 The DSAs are not intended to provide assistance to members of the general student population who experience temporary illness or injury. Assisting such students would properly be the responsibility of institutions and the NHS, as appropriate. Nor are DSAs intended to provide assistance to students with general learning difficulties. Students can become eligible for DSAs at any point during their course, not just at the start of their first year. Some students become disabled or have a disability identified after their course has started. Others may decide to disclose their disability only after their course has started. Additionally, equipment needs for some disabled students may only arise later in the course. Applications for support may be made outside the statutory time limit of nine months if the application is submitted as soon as is reasonably practicable (regulation 9(d)). A student wishing to apply for DSAs is required to submit medical/diagnostic evidence in order for eligibility to DSAs to be determined. Medical evidence can be in the form of a diagnostic assessment (for students with a SpLD), or evidence from a GP or consultant, or other qualified medical practitioner or appropriate specialist. Medical evidence should state the nature of the student s disability and ideally should also briefly explain how the student s disability impacts upon them. SFE will seek further information from the student/medical practitioner if it is not clear that the student meets the definition of disabled. Evidence included in an EHC plan can support the diagnosis, particularly in signalling areas where the student needs support. Students with a specific learning difficulty such as dyslexia will need to provide evidence of this by submitting a diagnostic assessment from a practitioner psychologist or suitably qualified specialist teacher (see Annex A for more information on diagnosing and assessing students with SpLD). The diagnostic assessment must have been carried out after the student s 16 th birthday to be valid for DSAs purposes. Institutions may be able to offer assistance to students requiring a post-16 diagnostic assessment. Cases may arise where the evidence that the student has a disability is deemed insufficient. In such cases, the student should be invited to provide further evidence, perhaps in the form of a diagnosis undertaken by a professional body or another acceptable person or their EHC Plan. In making such an invitation, it must be made clear to the student that they will normally be liable to meet the cost of providing the necessary evidence. This cost cannot be met through DSAs, however some institutions may consider providing help with the costs of diagnostic assessments e.g. for dyslexia. Once satisfactory evidence is received, the student will be notified to book a DSAs study needs assessment to identify the appropriate course-related support. The cost of the DSAs study needs assessment is met from the general allowance of the DSAs. Once the initial evidence of a disability has been accepted, in most cases there should be no need for students to provide updated evidence of their disability at a later stage in the course. An 22